CRIM 330 Lecture Notes - Lecture 3: Affidavit, Recognizance, Indictable Offence
20 Apr 2018
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Releasing an accused and compelling attendance at court (a) where the suspect has been arrested (i) authority to release. Where the suspect hasn"t been arrest they can be release by the officer who detained them and can be compelled to attend court by means of an appearance notice (ii) compelling attendance at court: appearance notice (s. 496) Read this together with section 495(2) which imposes a duty on an officer to not arrest for these offences in certain circumstances : where the officer believes it"s not necessary to arrest in order to: Secure or preserve evidence of the offence. Prevent continuation or repetition of the offence, or commission of another offence; and. So subsections (494(2)(a)-(c) establish obligation to not arrest for certain offences under certain circumstances. The circumstances are specified in subsections 494(2)(d)-(e) In these circumstances an appearance notice may be issued under section 496. Note implication that the arresting officer has no duty to release for other indictable (non-
